Articles Posted inDUI

Has your license been suspended? Are you worried about how you are going to get to school and/or to work? Despite having a suspended license and the stresses that come with that, Florida does give drivers a hardship license. Unlike many other states throughout the country, Florida is very forgiving to drivers that have had their license suspended. It is important to know what your options are if you ever find yourself in this situation, and what options you have until your license can be reinstated.

You can get your license suspended for a number of things such as not paying child support, not paying a traffic ticket, or not appearing when served with a summons, just to name a few of the many other circumstances. Unfortunately, these circumstances in particular, do not make you eligible for a hardship license. Hardship licenses are usually granted when a driver has too many points on their license or for certain Driving Under the Influence (DUI) cases.

If you have had your license suspended for having too many points, the following will explain how long your suspension will last:

Most people know that your license can be suspended when you are convicted of driving under the influence (“DUI”). Few are also aware that there is a process that must be complied with before the defendant’s driver’s license can be suspended. In Dept. of Highway Safety and Motor Vehicles v. Canalejo, the defendant sought a formal administrative review after his license was suspended pursuant to a DUI conviction.

The attorney for the defendant attempted to issue a subpoena for each officer who was involved with the defendant’s arrest. The Department of Highway Safety and Motor Vehicles, however, sent modified subpoenas requesting telephonic appearances instead.

During the hearing, the defendant offered a video showing the 20-minute waiting period that he endured following his arrest, but he stated that he could not properly authenticate the video without one of the arresting officers present. The defendant’s attorney refused the court’s offer to continue the hearing until a time that the officer could be present, and the hearing officer issued a decision at the hearing.

With a bustling nightlife scene and miles of beautiful white sandy beaches, South Florida has many opportunities for relaxation and leisure. In many situations, these activities involve enjoying alcoholic beverages, creating ample opportunities for drivers to find themselves being taken into custody on suspicion of driving under the influence. Not every arrest for DUI is a valid one, and many defendants end up facing criminal charges because they did not understand the full scope of their rights.

Knowing when you may be at risk of being arrested for a DUI is the first step to protecting your rights. According to Florida’ DUI statutes, the police have the power to arrest someone on suspicion of driving under the influence even when the defendant is not driving. According to Florida law, as long as the defendant has actual, physical control of the car while also under the influence, the officer may arrest him or her on suspicion of DUI.

Courts have interpreted the “actual, physical control” standard as having two elements. First, the defendant must be in the vehicle. Second, the defendant must have the ability to make the car move. Under this test, a police officer would probably be able to arrest an intoxicated person if he or she is sleeping in the driver’s seat of a vehicle, even if the vehicle is not running. In this scenario, it is possible for the intoxicated person to wake up and begin driving the vehicle.

As of April 1, police officers in West Palm Beach, Florida have begun wearing body cameras. The new measure was implemented in order to dispel negative public opinions about police practices and procedures. The cameras consist of tiny cylinders that can be clipped onto collars, hats, or sunglasses. Each camera is approximately three inches long and weights only three ounces. The West Palm Beach Police Department began training their officers on how to use the devices on Wednesday, April 1, 2015, making the agency one of the first in South Florida to implement recording technology.

Other regions of the United States are also turning to cameras to help improve public perception of police activities. Additionally, President Barack Obama has proposed $75 million in funding for programs to assist police departments in purchasing cameras with the hope of improving police-community relations. West Palm Beach has allocated roughly $200,000 in city funding to purchase the cameras and has set future funding for the program at an additional $615,000. So far, 50 cameras have been implemented with the ultimate goal of 250 cameras in use by 2016.

How can these devices help you in your DUI defense case? Many cases come down to a simple he-said, she-said argument. An audio or video recording of a particular interaction between an officer and a defendant can provide powerful ammunition during negotiations or at trial. First, one of the key strategies in a DUI defense case is ensuring that the arresting officer made an accurate report of the events that transpired. The prosecution and the judge will rely heavily on this report, despite what the defendant may say in response. Many times, police officers forget certain details, copy portions of older reports from previous cases, or bend the truth. A video recording will combat these inaccurate reporting practices and shed light on what actually happened in a particular situation. For example, the officer may write in the report that the defendant failed a particular test, while the video shows that the defendant performed satisfactorily.

It is usually sensational news when a celebrity is accused of or charged with a crime. It is somewhat less so but still a matter of media and public scrutiny when an attorney is accused of a criminal offense, especially one in which the lawyer has made his or her reputation as a criminal defense lawyer. Lawyers are as fallible as everyone else, but media attention was focused recently when criminal defense attorney William Abramson of West Palm Beach was arrested on a domestic violence charge made by his girlfriend.

According to news reports, police responded to a neighbor’s call regarding a disturbance at Abramson’s apartment and found the attorney yelling outside in the parking lot of his apartment complex. In the apartment, they discovered his live-in girlfriend on the floor and in tears. She informed police that Abramson had come home that evening and had assaulted her, prevented her from fleeing the apartment and then stomped on her knees and head. She also alleged that he had thrown her against a wall.

Attorney Abramson, who had a DUI in 2013, was arrested with bail set at $2000 and directed to have no contact with the alleged victim, to turn over any firearms, to refrain from drinking alcohol or taking any non-prescription drugs and to submit to random drug and alcohol testing. News reports of the incident did not indicate whether the alleged victim displayed visible signs of the attacks.

If you have been arrested and charged with a DUI in Miami-Dade County, you are facing serious charges. It is important that you hire an attorney right away who can help you fight those charges in a vigorous manner. Hiring the right Miami-Dade County DUI lawyer could be the difference between losing your freedom and walking away with your life still intact.

You Could Lose Your License

You could lose your ability to drive if you are convicted of a DUI. The length of the license revocation depends on how much you had to drink when pulled over. You may stand to lose your license permanently if you have been convicted of DUI in the past. Hiring a DUI defense lawyer Miami-Dade County may be able to help you keep your license on a conditional basis if you need it to get to work.

If you are currently living in the Miami area in Florida and you have been charged with a DUI, getting a Miami DUI defense attorney is highly recommended to get the protection necessary for your case. Hiring an attorney has many benefits that can ensure you are getting the protection you need to keep you protected from jail time and financially.

Finding the Right Attorney

Whether you are in need of a Miami DUI defense attorney or an attorney who specializes in domestic violence defense, you can find the lawyer you need to take on your case by utilizing both local and online resources. Asking for referrals from friends, family members and co-workers is a way to find a reputable attorney who has experience in DUI and is willing to take on your case. You can also search for DUI defense attorney Miami right from home, online. Searching online for an attorney that is right for you is highly recommended whether this is your first time being charged with a DUI or if you have had a DUI in the past.

Having your driver’s license suspended is not just embarrassing, but it is also an enormous hindrance on your daily life. You may have had your license suspended due to DUI charges or as the result of multiple traffic violations. In the case of a DUI charge, your driver’s license will be suspended immediately, which comes along with all of the potential punishments that take place when you are charged with drunk driving. If your license has been suspended, don’t lose hope. There is a way out.

In order to learn more about suspension of a driver’s license, you can consult with someone who knows and understands everything about DUI charges and license suspension, and at a very intimate level. Professional Miami Criminal Defense Attorney Evan A. Hoffman, in addition to his team of experts, can help. The Hoffman Firm can help you understand what to do and can help you fight the suspension of your license so you can start driving legally again soon. Contact us today at (305) 249-0090 and find out more about how we can help.

You could have had your license suspended for any of the following reasons:

You are probably familiar with the field sobriety procedure after you’ve been stopped due to reckless driving or, in the state of Florida, reckless boating. If you cannot perform the functions necessary to pass a field sobriety test, you could potentially face serious charges, such as driving under the influence (DUI), boating under the influence (BUI) or even driving under the influence of drugs. If you fail your field sobriety test, you could be charged with a DUI – even if you are sober.

If you are facing charges of a DUI due to failing your field sobriety test, the first thing you should do is to remain calm and enlist highly qualified Miami DUI Defense Attorney Evan A. Hoffman. A highly qualified attorney can assist you if you have been accused of DUI. Contact us to learn more about how we can help you fight your charges.

The night began with a few drinks at a nearby bar, celebrating a work promotion with your friends, and then quickly escalated. After stumbling out to your car and managing to get halfway home, you noticed flashing red and blue lights in your rearview mirror. That sinking feeling hit you, and within a few moments you found yourself in the backseat of a police car with a pounding headache, facing serious DUI charges. What are you to do now?

If you find yourself in this alarming situation, do not panic. The Hoffman Firm has an expert legal team lead by Miami DUI Defense Attorney Evan A. Hoffman, who is a former prosecutor and an experienced criminal lawyer. The Hoffman Firm can help you if you are under investigation for this serious crime; to learn more about us and our services, call (305) 249-0090 or contact us online.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.